, 1887-11-08
is HOPEFUL.
Killer of MiIey Believes He Will Be
Accorded a New Trial.
Examining Jurors as to Where
abOuts of the Charge.
None of the Witnesses Testify Pos
lively on the Subject.

Trumble, the murderer of Chas. Miley,
is hopeful. Away down in his heart he
firmly believes hat his strong arms will
again be of service to him, that the time
is approaching when he can walk the
streets a free man. Trumble does not
expect nor seek executive clemency, does
not anticipate a jail delivery, and death
that would elude all dangers and uncer-
tainties is the most remote of his
thoughts.
On a technicality the prisoner is liable
to be given a second hearing. There is a
possibility that the story of the murder of
Red Bill will be retold in the Laramie
county court house.
The case was ~reopened yesterday for the
hearing of arguments on the motion for a
new trial. The chief point which the
defense endeavor to establish, and a most
important one, is that the charge, indict-
ment and other documents connected with
the case did not accompany the Jury
when that body retired to consider the
case.
A number of the jurors testified upon
this matter yesterday. The result was
most encouraging to Trumble. A few of
the witnesses did not remember whether
or not the papers were in the Jury room
prior to the formation of the verdict,
others thought the documents were on
hand, but were not sure. All agreed
that the charge had not been read for
the reason that such a procedure, after
hearing the evidence, was considered IN
necessary. No positive testimony upon
the question was elected. At the conclu-
sion of the examination of the juror-wit-
nesses, the matter was taken under ad-
visement by Judge Maginnis.
As to the facts in the case, no one
seems positive. One Juror states that
after retiring someone inquired for ''the
papers, and that the bailif brought a
bundle Of documents. What the parcel
contained he does not pretend to know, as
the package was not, to his knowledge,
opened.
In Jury trials it is customary for the
clerk of court to place all documents per-
tanning to the case in the hands of the
judge just prior to the delivery of the
charge. The presiding judicial in turn
transmits the documents TO a member of
the jury. So unusual was the excitement
and so intense the interest during the
Trumble trial, that no one recollects
whether this custom was complied with or
ignored.
Several leading attorneys interviewed
by a LEADER representative expressed the
opinion that if the judges charge was not
in the Jury room when the verdict was
found, the finding was illegal. In other
words, unless it IS clearly established that
the charge was where it could be consulted
by jurors, the motion for a new trial must
be granted.
That Trumble was treated fairly by
judge, jurors and lawyers hone can deny.
That the verdict was in accordance with
the testimony and just, all agree. Viewed
from a standpoint of right and wrong,
guilty or not guilty, the man should not
be accorded a supplementary hearing. If,
on the other hand, Trumble is entitled to
a second trial in strict accordance with the
law covering such points, he should have
1t.
A reporter visited the convicted man
in his cell yesterday afternoon. Tumble
was in excellent spirits. After greeting
the visitor pleasantly, he inquired what
the people thought about granting him a
new trial. They objected to it strenu-
ously, both on account of the expense at
tached and the apparent lack of grounds,
was the answer.
Il honestly think that l am Justly en-
titled to another hearing" said Trumble.
The trial was fair enough, but evidence
was introduced which my attorneys could
have rebutted had they anticipated it.
Some Of the witnesses for the prosecution
periured themselves. l don't believe that
they would dare repeat the %offense. 1t is
natural for me to say it, but so sure as |
am talking, did not intend to murder
Red Bill. | was forced to kill the man."
Irumble conversed in ordinary tones and
did not appear in the least excited or agi-
tated. Dropping the subject of greatest
interest to himself, he discussed the merits